The European Social Charter as a basis for defining social rights for EU citizens

Świątkowski, Andrzej Marian; Wujczyk, Marcin

doi:10.4337/9781788112710.00010

Cited by 2 publications

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“…48 The Court stressed that such different treatment would only be justified by very weighty reasons, and while the Austrian government claimed its special responsibility to protect their own nationals, the Court did not accept that argument. 49 Article 1 Protocol 1 has successfully been invoked before the ECtHR in matters related to social protection. Traditionally, the ECtHR had only recognized the right to property in cases that have a direct link between the level of contributions paid and the benefits awarded.…”

Section: A a Right To Social Protection?mentioning

confidence: 99%

Bringing the EU up to speed in the protection of living standards through fundamental social rights: Drawing positive lessons from the experience of the Council of Europe

Aranguiz

2021

Maastricht Journal of European and Comparative Law

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Ever since the adoption of the European Pillar of Social Rights, the EU seems committed to explore and expand its social dimension to deliver a decent standard of living to the European society. This new endeavour gives rise to a number of questions, not least regarding how the notion of a standard of living that is compatible with a life in dignity ought to be interpreted and what the obligations of Member States are in this quest. The aim of this contribution is precisely to shed some light on these questions. To this end, the article looks into how different (quasi)judicial bodies have interpreted fundamental rights that entitle individuals to minimum subsistence resources that are deemed to achieve a standard of living that is compatible with the right to human dignity. In particular, it analyses how the ECJ, the ECtHR and the ECSR have interpreted (minimum) living standards through different fundamental rights. It then suggests a number of ‘learning points’ for the ECJ to draw from the experience of the other two bodies and emphasizes the need for building solid bridges between the three.

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Section: A a Right To Social Protection?mentioning

confidence: 99%

Bringing the EU up to speed in the protection of living standards through fundamental social rights: Drawing positive lessons from the experience of the Council of Europe

Aranguiz

2021

Maastricht Journal of European and Comparative Law

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“…Central European Journal of Labour Law and Personnel Management, 3 (1), 7-21. doi: 10.33382/cejllpm.2020.04.01 respect for the rights of the second generation. Like the first generation of human rights, the rights of the second generation are enshrined in the Universal Declaration of Human Rights from 1948 (Articles [22][23][24][25][26][27], as well as in the 1966 International Covenant on Economic, Social and Cultural Rights (Pešić, 1972, p.14-15) The European Social Charter is still considered an important catalogue of economic and social rights today. Nevertheless, it is relatively unknown compared to other human rights, even though the first European Social Charter was already adopted by the Member States of the Council of Europe in 1961.…”

Section: Introductionmentioning

confidence: 99%

Analysis of the European Social Charter and Its Importance for the Protection of Selected Groups of Working Women

Dudić¹,

Dudić²,

Agbaba³

2020

Central European Journal of Labour Law and Personnel Management

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Both the 1961 European Social Charter and its revised version of 1996 constitute international social and economic rights treaties ratified by the Member States of the Council of Europe. Together with the European Treaty for the Protection of Human Rights and Fundamental Freedoms, they are the cornerstones of the contractual system for the protection of human rights in the member countries of the Council of Europe. Moreover, these contracts have contributed significantly to the development of European human rights standards in the areas of personal management, labour law and social security law. Nevertheless, it receives minimal attention from legal theorists. This leads to problems in its interpretation in practice. Through scientific and doctrinal interpretation, authors examine the various provisions of the European Social Charter. They seek answers to practical application problems through scientific literature as well as the case-law of the European Court of Justice. The aim and result of the authors' work is to examine individual documents, to compare them and analyse the differences. The aim of the authors' work is also to evaluate the impact of the case law of the European Court of Justice in connection with the implementation of the Charter into the legal order as well as application practice. The benefit of this article is also the analysis of the impact of the Charter on the rights of working women.

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The European Social Charter as a basis for defining social rights for EU citizens

Cited by 2 publications

References 0 publications

Bringing the EU up to speed in the protection of living standards through fundamental social rights: Drawing positive lessons from the experience of the Council of Europe

Bringing the EU up to speed in the protection of living standards through fundamental social rights: Drawing positive lessons from the experience of the Council of Europe

Analysis of the European Social Charter and Its Importance for the Protection of Selected Groups of Working Women

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